Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 88:

In page 71, between lines 25 and 26, to insert the following: "(5) Without prejudice to the generality of subsections (1)and (2), regulations under this section may provide for the production, with an application for the grant or renewal or a seasonal employment permit, to the Minister of—

(a)information and documents relating to the arrangements made by the approved seasonal employer for accommodation and health insurance referred to in section 3(1)(c)(iii)and transport, where applicable, provided for foreign nationals, and

(b)such evidence as the Minister may reasonably require in order to verify such information or documents.

(6)The Minister shall make regulations providing for the procedure relating to the making of an application for approval as an approved seasonal employer under section 10and may, when making the regulations, make different provision for different employments or categories of employment and in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(7)Without prejudice to the generality of subsections (1), (2)and (6), regulations under this section may make provision for all or any of the following:

(a)the form in which an application for approval as an approved seasonal employer shall be made and the form of an approved seasonal employer certificate;

(b)the production to the Minister, with an application for approval as an approved seasonal employer, of information and documents as the Minister may specify in respect of—

(i)the proposed employment to which the application relates and the terms and conditions, including the hours of work in each week, and the duration of the proposed employment concerned,

(ii)the business carried on by the applicant to which the seasonally recurrent employment concerned relates,

(iii)the place at which the business referred to in subparagraph (ii)is to be carried out,

(iv)the remuneration that is proposed to be paid by the person to the foreign nationals proposed to be employed under a seasonal employment permit and any deductions to be made from that remuneration,

(v)the making of an application for approval as an approved seasonal employer, and

(vi)any other requirement under this Act that, in respect of the approval as an approved seasonal employer and, where applicable, the grant or renewal of a seasonal employment permit, is required to be satisfied;

(c)the production to the Minister, with an application for approval as an approved seasonal employer, of documents and evidence to verify such documents—

(i)demonstrating that the applicant is registered with the Revenue Commissioners,

(ii)where the applicant is a company within the meaning of the

relating to the registration of the company pursuant to that Act,

(iii)relating to the registration of the business name, pursuant to the Act of 1963, of the applicant where the applicant has a registered business name, and (iv) where the applicant is—

(I)a limited partnership under the documents and evidence relating to the registration of the limited partnership under that Act,

(II)an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021,

(III)a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and

(IV)a trade union, documents and evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990;

(d)the period within which any information or documents, including additional information or documents requested by the Minister relating to approval as an approved seasonal employer, shall be furnished to the Minister;

(e)the production to the Minister, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or documents previously furnished to the Minister in respect of an application for approval as an approved seasonal employer.

(8)Without prejudice to the generality of subsections (1), (2)and (6), regulations under this section may provide for the production, with an application for approval as an approved seasonal employer, to the Minister of—

(a)information and documents relating to the arrangements made, or proposed to be made, by the applicant for—

(i)accommodation and health insurance referred to in section 3(1)(c)(iii),

(ii)any accommodation, training or expenses required by regulations made in accordance with section 41(10)(a), where applicable, and

(iii)transport, where applicable, to be provided for foreign nationals proposed to be employed by the applicant under a seasonal employment permit,

(b)information and documents concerning any measures required, pursuant to regulations made in accordance with section 41(10)(b), to be taken by the applicant, where applicable, and

(c)such evidence as the Minister may reasonably require in order to verify such information or documents.

(9)The Minister may, in respect of an application under section 25or 27, make regulations under this section specifying—

(a)the information and documents to be provided to the Minister that relate to the making of an application to change the employer specified in an employment permit under section 25or 27,

(b)the form in which an application under section 25or 27is to be made,

(c)the production to the Minister, with an application under section 25, of documents and evidence referred to in section 44(2)(e), and

(d)the procedure for the making of an application under section 25or 27 and for the approval of the change of employer on foot of such an application.".

See this speech in context